Darnell Simmons v. Cape Fear Community College , 676 F. App'x 219 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-2128
DARNELL JOYCE ELAINE SIMMONS,
Plaintiff – Appellant,
v.
CAPE FEAR COMMUNITY COLLEGE; MARIA COOK; JOYCE SPEARS;
TOMMY HERRING; RHONDA TIGHE; KEN SEINO,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. Terrence W. Boyle,
District Judge. (7:15-cv-00214-BO)
Submitted: February 16, 2017 Decided: February 21, 2017
Before GREGORY, Chief Judge, DUNCAN, Circuit Judge, and
HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Darnell Joyce Elaine Simmons, Appellant Pro Se. William Joseph
Austin, Jr., WARD & SMITH, PA, Raleigh, North Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Darnell Joyce Elaine Simmons seeks to appeal the district
court’s order dismissing this action pursuant to 28 U.S.C.
§ 1915(e)(2)(B) (2012). We dismiss the appeal for lack of
jurisdiction because the notice of appeal was not timely filed.
Parties are accorded 30 days after the entry of the
district court’s final judgment or order to note an appeal, Fed.
R. App. P. 4(a)(1)(A), unless the district court extends the
appeal period under Fed. R. App. P. 4(a)(5), or reopens the
appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely
filing of a notice of appeal in a civil case is a jurisdictional
requirement.” Bowles v. Russell, 551 U.S. 205, 214 (2007).
The district court’s order was entered on the docket on
November 12, 2015. The notice of appeal was filed on
September 29, 2016. Because Simmons failed to file a timely
notice of appeal or to obtain an extension or reopening of the
appeal period, we dismiss the appeal. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
2